Eastern District of California Blog

Former Fresno Officer Admits Moving Evidence In Excessive Force Trial

A former Fresno police officer testified Wednesday in his federal criminal trial that he put a 20-ounce beer bottle near a suspect -- even though he discovered the potential weapon more than 100 feet away.

Sean Plymale also admitted that he wrote in his police report that suspect Rolando Celdon told him in "plain English" that he had used "cranka," a slang term for methamphetamines, even though Celdon speaks Spanish and a test later revealed that Celdon hadn't used drugs or alcohol.

In addition, Plymale testified he changed his initial report from Celdon holding a beer bottle to him reaching for one.

Plymale, 43, spent all day answering questions about the October 2005 arrest of Celdon, who was punched and kicked, bitten by a police dog, shot with a stun gun and blasted several times with a bean-bag shotgun.

Fresno Bee, 1/30/13.  Sgt. Manfredi, the third defendant to testify, continues his testimony Friday.  Fresno Bee, 1/31/13

Second Defendant To Testify In Fresno Police Trial

A former Fresno police officer will testify Wednesday in his federal criminal trial that accuses him of trying to cover up police brutality of a domestic-violence suspect seven years ago.

Sean Plymale was fired after the October 2005 arrest of Rolando Celdon, who was punched and kicked, bit by a police dog, shocked with a stun gun and shot with a bean-bag shotgun. An arbitrator later ruled that Plymale should be reinstated, but he chose to work for the Madera Police Department.

On Wednesday, Plymale will address accusations that he planted a beer bottle near Celdon after his arrest. Prosecutors also contend Plymale lied when he wrote in his report that Celdon had picked up a bottle and stick to beat Plymale's police dog, Tymo.

Fresno Bee, 1/29/13

Ex-Fresno Officer Admits Lies, But Denies Police Brutality

A former Fresno police officer admitted Friday in his federal criminal trial that he lied about some details in his initial police report seven years ago, but denied charges of police brutality and a cover-up.

Chris Coleman's October 2005 police report says he shot suspect Rolando Celdon with a bean-bag shotgun because Celdon was armed with a stick and a beer bottle.

Not true, Coleman said Friday.

He also testified that he told Celdon in English and Spanish to put his hands over his head. When Celdon didn't comply, he got shot, Coleman said.

But on cross-examination, Coleman backtracked, telling prosecutor Jared Fishman and a U.S. District Court jury that he wasn't sure whether he spoke Spanish to Celdon.

Fresno Bee, 1/26/13

Defense Begins Case In Fresno Excessive Force Criminal Jury Trial

"The federal criminal trial of a Fresno police sergeant and three former officers accused of using excessive force and trying to cover it up switched gears Thursday with the defense calling one of the defendants to the witness stand."  Fresno Bee, 1/24/13

Third Officer Testifies For Government In Police Brutality Criminal Trial

Another Fresno police officer told a federal jury Wednesday that an unarmed suspect posed no threat during an arrest seven years ago when fellow officers shot him with a bean-bag shotgun and kicked him.

Officer Beau Burger's account in U.S. District Court echoed previous testimony from officers Thomas Hardin Jr. and Martin Van Overbeek.

Once Burger completes cross-examination today, prosecutors plan to start showing evidence that they say shows a cover-up.

Fresno Bee, 1/16/13.

Fresno Officer Testifies Suspect Was Defenseless

Choking up at times, a second Fresno police officer testified Tuesday that he saw no justification for a fellow officer to shoot an unarmed, defenseless suspect with a beanbag shotgun and another officer kick him.

"I was in a state of disbelief," Thomas Hardin Jr. told the jury in U.S. District Court. "I was put in a situation that was bad."

In the second week of a trial over alleged excessive force, Hardin's account echoed that of officer Martin Van Overbeek, who completed his testimony Tuesday morning.

Fresno Bee, 1/15/13

Evidence Begins In Fresno Police Brutality Criminal Trial

While I was in Fresno Friday on an unrelated matter, I caught the end of the defense's opening statements in the Coleman, et. al., police brutality prosecution.  Friday's Fresno Bee explains that both sides agree that Robert Celdon was "punched and kicked, shocked with a stun gun, bitten by a police dog, and shot several times with a less-than-lethal bean-bag shotgun."  Defense attorneys argued in their openings that fear led the police to use such drastic force. 

On the other hand, according to this second Fresno Bee piece, a Fresno police officer kicked-off the government's case with testimony that "he couldn't believe what he was seeing" and he "was sick to his stomach because it was wrong."  Testimony resumes Tuesday in Judge Ishii's courtroom.  Two other eyewitness officers are expected to testify for the government.

Jury Picked in Fresno Police Brutality Criminal Trial

A jury was picked Wednesday evening for the federal criminal trial of a Fresno police sergeant and three former officers who are accused of using excessive force against a domestic-violence suspect seven years ago and covering it up.

Fresno Bee, 1/9/13

Fresno Bee Coverage of Officers' Excessive Force Jury Trial

Last Wednesday, the Fresno Bee summarized the U.S. v. Coleman, et. al., prosecution of Sgt. Michael Manfredi and three former Fresno police officers on charges of using excessive force and obstructing justice arising out of the 2005 arrest of Rolando Celdon. 

This Bee piece reports that prosecutors represented at a motion in-limine hearing last Thursday that Celdon couldn't be found in his native Mexico and is not expected to testify as the defense expected.  The prosecution instead intends to rely on police officer eyewitness testimony.

Happy New Year!

Happy New Year! I'll be taking off work and blogging for the rest of the week.  Next week, a multi-week mortgage fraud jury trial starts Monday before Judge Mendez in Sacramento and the Coleman  et. al. civil rights excessive force prosecution against four former police officers begins Tuesday before Judge Ishii in Fresno.  [1/8/13 update]:  And, a commentator correctly noted that a Fresno jury trial in a 2-defendant criminal case began yesterday in Judge O'Neill's courtroom.